Legal question

[Tristan]

Ok. So we have a few long guns and a bunch of crap we want to get rid of. Also need a short vacation. So we were thinking about renting a table or two at a Wyoming gun show.
So, is it okay to transport to and sell in Wyoming? Nothing illegal like class III or anything.

[10x]

Not to another individual. If you cross state lines you must use an FFL to transfer ownership.

[spqrzilla]

Ok. So we have a few long guns and a bunch of crap we want to get rid of. Also need a short vacation. So we were thinking about renting a table or two at a Wyoming gun show.
So, is it okay to transport to and sell in Wyoming? Nothing illegal like class III or anything.

A resident of Colorado without an FFL cannot sell firearms to a resident of Wyoming ( or any other state other than Colorado ) without getting an FFL involved.

I know that there are people on this forum who believe otherwise despite seeing quotations from 18 USC 922....

[Stinky]

Long-guns can be sold to a resident of another state. Pistols cannot. Assuming that the transaction is in your state. It used to be that those sells could only go to contiguous states, but about 10 years ago that went away and GENERALLY speaking there is no fed law against it.

That is assuming that they are from a state where they do not have to go through an FFL (like CA), or that has a waiting period, or that has some other nonsense law (like maybe a mandatory record check). As the seller/buyer, you are bound by the laws in another state...like CA, NY, MA and a few others w/crazy laws.

Now, can you take a firearm into another state and sell it...I'd say yes, but not quite sure, and again, that is a long-arm only...pistols would definitely be a sick bird (ill-eagle).

I've heard that gunshows are not that good of a deal as tables are expensive.

How about a website, like gunbroker.com?

[Great-Kazoo]

A resident of Colorado without an FFL cannot sell firearms to a resident of Wyoming ( or any other state other than Colorado ) without getting an FFL involved.

I know that there are people on this forum who believe otherwise despite seeing quotations from 18 USC 922....

This.

[J]

Listen to the masses here, they majority has it right:

18 USC 922.5


(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;


Only exceptions are loans or rentals, or intestate succession/bequest (no will death / willed at death). But, the obligatory disclaimer, IANAL.

[spqrzilla]

Long-guns can be sold to a resident of another state. Pistols cannot. Assuming that the transaction is in your state. It used to be that those sells could only go to contiguous states, but about 10 years ago that went away and GENERALLY speaking there is no fed law against it.

Long guns may not be transferred between residents of different states where the seller is not an FFL. An FFL can sell a long gun to a resident of another state where no state law forbids it.

[ChadAmberg]

So, here's a question: I see the background check folks at gun shows where that's what they do. Now, are they acting as an actual FFL, taking the gun into their logbook and then handing it over to the purchaser after the check comes clean, or are they merely advising the seller that "yeah, they're good to go" but not actually doing the transaction themselves?

[JM Ver. 2.0]

Long-guns can be sold to a resident of another state. Pistols cannot. Assuming that the transaction is in your state. It used to be that those sells could only go to contiguous states, but about 10 years ago that went away and GENERALLY speaking there is no fed law against it.

That is assuming that they are from a state where they do not have to go through an FFL (like CA), or that has a waiting period, or that has some other nonsense law (like maybe a mandatory record check). As the seller/buyer, you are bound by the laws in another state...like CA, NY, MA and a few others w/crazy laws.

Now, can you take a firearm into another state and sell it...I'd say yes, but not quite sure, and again, that is a long-arm only...pistols would definitely be a sick bird (ill-eagle).

I've heard that gunshows are not that good of a deal as tables are expensive.

How about a website, like gunbroker.com?


You should stop giving advice... [Bang][Bang]

[JM Ver. 2.0]

So, here's a question: I see the background check folks at gun shows where that's what they do. Now, are they acting as an actual FFL, taking the gun into their logbook and then handing it over to the purchaser after the check comes clean, or are they merely advising the seller that "yeah, they're good to go" but not actually doing the transaction themselves?


I wanna say they're just providing a service to the people at the show and are NOT acting as an FFL... But I donno.

[Great-Kazoo]

I wanna say they're just providing a service to the people at the show and are NOT acting as an FFL... But I donno.


Yes being logged in to the book. needs to be a paper trail from end to end.
The ffl may not be doing BG checks at the show, like tanner a table is available for people doing FTF sales. Some vendors send the buyer up to the table and when an approval is given a sheet with the info is given to new gun owner to take back to the ffl's table for hand off of gun.

[JM Ver. 2.0]

Yes being logged in to the book. needs to be a paper trail from end to end.
The ffl may not be doing BG checks at the show, like tanner a table is available for people doing FTF sales. Some vendors send the buyer up to the table and when an approval is given a sheet with the info is given to new gun owner to take back to the ffl's table for hand off of gun.

When I bought my lower from MGT I had to use "The Table". They walked me up to the table with the lower. The lower was handed off to the lady at the table. She did the BGC and then let me have the lower. I assume, had I failed, she would have said so and I would have gone back to the table and said, "Yo.. I failed, yo.. Gimme my money back, yo." If I was a gangsta or something to that effect... Yo. [ROFL1]

[tonantius]

I believe the permitted interstate purchase of long guns is from an FFL only, so a Colorado resident could purchase a shotgun or rifle in Wyoming from an FFL.

[Stinky]

I stand corrected. Additionally, it could be contrued that this would apply (as you are selling more than one gun).

(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms, or in the course of such
business to ship, transport, or receive any firearm in
interstate or foreign commerce; or

[JM Ver. 2.0]

I stand corrected. Additionally, it could be contrued that this would apply (as you are selling more than one gun).

(a) It shall be unlawful -
(1) for any person -
(A) except a licensed importer, licensed manufacturer, or
licensed dealer, to engage in the business of importing,
manufacturing, or dealing in firearms, or in the course of such
business to ship, transport, or receive any firearm in
interstate or foreign commerce; or


You talking about the dealing part? You can sell more than one. You just can't make a business of it without an FFL... Why do you think people that buy 10-20 lowers at a time only sell 1 or 2 a month? [Tooth]